Back to Philosophy of
Law Syllabus
Fall 2005 Prof. Christian Perring
First Paper.
3-5 pages, double-spaced. (800 words minimum)
Use MLA or APA style for references.
Due by midnight, Monday October 10, 2005. (Early papers are welcome)
Please submit papers via turnitin.com. If you have difficulty using this, you can send me your paper in email as an attachment.
The turnitin.com class ID is: 1360699
The password is: dworkin
Explain the difference between Natural Law Theory as defended by Lon Fuller and/or Ronald Dworkin and Legal Positivism as defended by HLA Hart. Illustrate this difference by considering the case of Riggs v. Palmer, suggesting how the different theories would recommend different verdicts, explaining carefully the link between the theory and the verdict.
Guidelines: For this short paper, in order to get a passing grade I expect you to demonstrate a basic understanding of the distinction between Natural Law Theory and Legal Positivism. Clarity is the most important virtue to aim for in writing your paper. Good grammar and spelling are essential, and well-structured sentences are very helpful. A good paper (B grade) will explain the some of the details of the reasoning of the philosophers under discussion, and will make point-for-point comparisons of the different views. An excellent paper (A grade) will systematically set out the arguments of the philosophers, discussing some subtleties in applying them to the Riggs v Palmer.
Collaboration.
It is often a good idea to get someone else from the class to read a draft of your paper to give you comments about its strengths and weaknesses. You can form study groups and discuss the readings with other students. However, you must do your own writing. If you want, I will be ready to give you feedback on drafts of papers, if they get to me by October 1. You can send them by email.